| (iii) If used, the UV Transmittance (UVT) analyzer
shall be calibrated weekly according to the UVT analyzer manufacturer
(F) Systems must verify the performance of direct integrity
testing equipment in a manner and schedule approved by the executive
(G) Conductivity (or total dissolved solids) monitors
and pressure instruments used for reverse osmosis and nanofiltration
membrane systems shall be calibrated at least once every 12 months.
(H) Any temperature monitoring devices used for reverse
osmosis and nanofiltration shall be verified and calibrated in accordance
with the manufacturer's specifications.
(t) System ownership. All community water systems shall
post a legible sign at each of its production, treatment, and storage
facilities. The sign shall be located in plain view of the public
and shall provide the name of the water supply and an emergency telephone
number where a responsible official can be contacted.
(u) Abandoned wells. Abandoned public water supply
wells owned by the system must be plugged with cement according to
16 TAC Chapter 76 (relating to Water Well Drillers and Water Well
Pump Installers). Wells that are not in use and are non-deteriorated
as defined in those rules must be tested every five years or as required
by the executive director to prove that they are in a non-deteriorated
condition. The test results shall be sent to the executive director
for review and approval. Deteriorated wells must be either plugged
with cement or repaired to a non-deteriorated condition.
(v) Electrical wiring. All water system electrical
wiring must be securely installed in compliance with a local or national
(w) Security. All systems shall maintain internal procedures
to notify the executive director by a toll-free reporting phone number
immediately of the following events, if the event may negatively impact
the production or delivery of safe and adequate drinking water:
(1) an unusual or unexplained unauthorized entry at
property of the public water system;
(2) an act of terrorism against the public water system;
(3) an unauthorized attempt to probe for or gain access
to proprietary information that supports the key activities of the
public water system;
(4) a theft of property that supports the key activities
of the public water system; or
(5) a natural disaster, accident, or act that results
in damage to the public water system.
(x) Public safety standards. This subsection only applies
to a municipality with a population of 1,000,000 or more, with a public
utility within its corporate limits; a municipality with a population
of more than 36,000 and less than 41,000 located in two counties,
one of which is a county with a population of more than 1.8 million;
a municipality, including any industrial district within the municipality
or its extraterritorial jurisdiction (ETJ), with a population of more
than 7,000 and less than 30,000 located in a county with a population
of more than 155,000 and less than 180,000; or a municipality, including
any industrial district within the municipality or its ETJ, with a
population of more than 11,000 and less than 18,000 located in a county
with a population of more than 125,000 and less than 230,000.
(1) In this subsection:
(A) "Regulatory authority" means, in accordance with
the context in which it is found, either the commission or the governing
body of a municipality.
(B) "Public utility" means any person, corporation,
cooperative corporation, affected county, or any combination of these
persons or entities, other than a municipal corporation, water supply
or sewer service corporation, or a political subdivision of the state,
except an affected county, or their lessees, trustees, and receivers,
owning or operating for compensation in this state equipment or facilities
for the transmission, storage, distribution, sale, or provision of
potable water to the public or for the resale of potable water to
the public for any use or for the collection, transportation, treatment,
or disposal of sewage or other operation of a sewage disposal service
for the public, other than equipment or facilities owned and operated
for either purpose by a municipality or other political subdivision
of this state or a water supply or sewer service corporation, but
does not include any person or corporation not otherwise a public
utility that furnishes the services or commodity only to itself or
its employees or tenants as an incident of that employee service or
tenancy when that service or commodity is not resold to or used by
(C) "Residential area" means:
(i) an area designated as a residential zoning district
by a governing ordinance or code or an area in which the principal
land use is for private residences;
(ii) a subdivision for which a plat is recorded in
the real property records of the county and that contains or is bounded
by public streets or parts of public streets that are abutted by residential
property occupying at least 75% of the front footage along the block
(iii) a subdivision a majority of the lots of which
are subject to deed restrictions limiting the lots to residential
(D) "Industrial district" has the meaning assigned
by Texas Local Government Code, §42.044, and includes an area
that is designated by the governing body of a municipality as a zoned
(2) When the regulatory authority is a municipality,
it shall by ordinance adopt standards for installing fire hydrants
in residential areas in the municipality. These standards must, at
a minimum, follow current AWWA standards pertaining to fire hydrants
and the requirements of §290.44(e)(6) of this title.
(3) When the regulatory authority is a municipality,
it shall by ordinance adopt standards for maintaining sufficient water
pressure for service to fire hydrants adequate to protect public safety
in residential areas in the municipality. The standards specified
in paragraph (4) of this subsection are the minimum acceptable standards.
(4) A public utility shall deliver water to any fire
hydrant connected to the public utility's water system located in
a residential area so that the flow at the fire hydrant is at least
250 gallons per minute for a minimum period of two hours while maintaining
a minimum pressure of 20 psi throughout the distribution system during
emergencies such as fire fighting. That flow is in addition to the
public utility's maximum daily demand for purposes other than fire
(5) When the regulatory authority is a municipality,
it shall adopt the standards required by this subsection within one
year of the effective date of this subsection or within one year of
the date this subsection first applies to the municipality, whichever
(6) A public utility shall comply with the standards
established by a municipality under both paragraphs (2) and (3) of
this subsection within one year of the date the standards first apply
to the public utility. If a municipality has failed to comply with
the deadline required by paragraph (5) of this subsection, then a
public utility shall comply with the standards specified in paragraphs
(2) and (4) of this subsection within two years of the effective date
of this subsection or within one year of the date this subsection
first applies to the public utility, whichever occurs later.
(y) Fire hydrant flow standards.
(1) In this subsection:
(A) "Municipal utility" means a retail public utility,
as defined by Texas Water Code (TWC), §13.002, that is owned
by a municipality.
(B) "Residential area" means an area used principally
for private residences that is improved with at least 100 single-family
homes and has an average density of one home per half acre.
(C) "Utility" includes a "public utility" and "water
supply or sewer service corporation" as defined by TWC, §13.002.
(2) The governing body of a municipality by ordinance
may adopt standards set by the executive director requiring a utility
to maintain a minimum sufficient water flow and pressure to fire hydrants
in a residential area located in the municipality or the municipality's
ETJ. The municipality must submit a signed copy of the ordinance to
the executive director within 60 days of the adoption of an ordinance
by its governing body.
(3) In addition to a utility's maximum daily demand,
the utility must provide, for purposes of emergency fire suppression:
(A) a minimum sufficient water flow of at least 250
gallons per minute for at least two hours; and
(B) a minimum sufficient water pressure of at least
(4) If a municipality adopts standards for a minimum
sufficient water flow and pressure to fire hydrants, the municipality
must require a utility to maintain at least the minimum sufficient
water flow and pressure described by paragraph (3) of this subsection
in fire hydrants in a residential area located within the municipality
or the municipality's ETJ. If the municipality adopts a fire flow
standard exceeding the minimum standards set in paragraph (3) of this
subsection, the standard adopted by the municipality must be based
(A) the density of connections;
(B) service demands; and
(C) other relevant factors.
(5) If the municipality owns a municipal utility, it
may not require another utility located in the municipality or the
municipality's ETJ to provide water flow and pressure in a fire hydrant
greater than that provided by the municipal utility as determined
by the executive director.
(6) If the municipality does not own a municipal utility,
it may not require a utility located in the municipality or the municipality's
ETJ to provide a minimum sufficient water flow and pressure greater
than the standard established by paragraph (3) of this subsection.
(7) An ordinance under paragraph (2) of this subsection
may not require a utility to build, retrofit, or improve infrastructure
in existence at the time the ordinance is adopted.
(8) A municipality with a population of less than 1.9
million that adopts standards under paragraph (2) of this subsection
or that seeks to use a utility's water for emergency fire suppression
shall enter into a written memorandum of understanding with the utility.
(A) The memorandum of understanding must provide for:
(i) the necessary testing of fire hydrants; and
(ii) other relevant issues pertaining to the use of
the water and maintenance of the fire hydrants to ensure compliance
with this subsection.
(B) The municipality must submit a signed copy of the
memorandum of understanding to the executive director within 60 days
of the execution of the memorandum of understanding between its governing
body and the utility.
(9) A municipality may notify the executive director
of a utility's failure to comply with a standard adopted under paragraph
(3) of this subsection.
(10) On receiving the notice described by paragraph
(9) of this subsection, the executive director shall require a utility
in violation of a standard adopted under this subsection to comply
within a reasonable time established by the executive director.
(z) Nitrification Action Plan (NAP). Any water system
distributing chloraminated water must create a NAP. The system must
create a written NAP that:
(1) contains the system-specific plan for monitoring
free ammonia, monochloramine, total chlorine, nitrite, and nitrate
(2) contains system-specific action levels of the above
monitored chemicals where action must be taken;
(3) contains specific corrective actions to be taken
if the action levels are exceeded; and
(4) is maintained as part of the system's monitoring
plan in §290.121 of this title.
|Source Note: The provisions of this §290.46 adopted to be effective September 13, 2000, 25 TexReg 8880; amended to be effective May 16, 2002, 27 TexReg 4127; amended to be effective February 19, 2004, 29 TexReg 1373; amended to be effective January 9, 2008, 33 TexReg 198; amended to be effective October 16, 2008, 33 TexReg 8533; amended to be effective December 10, 2009, 34 TexReg 8744; amended to be effective June 10, 2010, 35 TexReg 4726; amended to be effective May 15, 2011, 36 TexReg 2860; amended to be effective November 8, 2012, 37 TexReg 8849; amended to be effectiveSeptember 11, 2014, 39 TexReg 7145; amended to be effective July 30, 2015, 40 TexReg 4769